Community Health Alliance in Reno sues former employee (original complaint)
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CHRISTOPHER B. ELLISON, Esq., CA Bar No. 248545
(chrisellison_esq@hotmail.com)
THE LAW OFFICE OF ELLISON & ASSOCIATES
6242 Westchester Parkway #240
Los Angeles, CA 90045
Tel: (310) 882-6239
Fax: (310) 882-6237
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
____________________________________
Bubbles Ringer, an individual,
Plaintiff,
vs.
Brian Springhead, an individual and DOES 1
through 100
Defendants.
Case No.
Complaint FOR DAMAGES FOR:
1. FRAUD
2. BREACH OF FIDUCIARY
3. DUTY
4. NEGLIGENT
MISREPRESENTATION
DEMAND FOR A JURY TRIAL
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All allegations in this Complaint are based upon information and
belief, except for those allegations which pertain to the Plaintiff named
herein and her counsel. Plaintiff’s information and belief are based
upon; inter alia, the investigation conducted to date by Plaintiff and her
counsel. Each allegation in this Complaint either has evidentiary support
or is likely to have evidentiary support after a reasonable opportunity
for further investigation and discovery.
JURISDICTION AND VENUE
1. This Court has jurisdiction over this action pursuant to
CAL. CIV. PROC. CODE
§ 410.10.
2. Venue is proper in this Court pursuant to CAL. CIV. PROC.
CODE §§ 395 and 395.5 because the injuries to the persons
complained of herein occurred in the County of Los Angeles and
because Defendants transact business and may be found within
Los Angeles County. The course of conduct, breaches,
violations, and unlawful patterns and practices alleged herein
occurred in Los Angeles County.
PARTIES
Plaintiff
3. Plaintiff, Bubbles Ringer is, and at all times herein mentioned is a resident of Los
Angeles County, State of California. Plaintiff is informed and believes, and based
upon that information and belief, alleges Defendant, John Springhead is, and at all
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times mentioned herein is: an individual licensed to transact business in the state
of California;
DOE ALLEGATIONS
4. The true names and capacities, whether individual, corporate, partnership,
associate or otherwise of Does 1 through 100, inclusive, are unknown to Plaintiff
who therefore sue these Defendants by such fictitious names pursuant to
CALIFORNIA CODE OF CIVIL PROCEDURE § 474. Plaintiff will seek leave
to amend this Complaint to allege the true names and capacities of Does 1 through
100, inclusive, when they are ascertained.
5. Plaintiff is informed and believes, and based upon that information and belief,
alleges that each of the Defendants named in this Complaint, including Does 1
through 100, inclusive, is responsible in some manner for one or more of the
events and happenings that proximately caused the injuries and damages
hereinafter alleged. 9. Plaintiff is informed and believes, and based upon that
information and belief, alleges that each of the Defendants named in this
Complaint, including Does 1 through 100, inclusive, is responsible in some
manner for one or more of the events and happenings that proximately caused the
injuries and damages hereinafter alleged. At all times relevant to this matter, Does
1 through 100, operated, did business in, or were residents of the County of Los
Angeles, California. 10. Plaintiff is informed and believes, and based upon that
information and belief, alleges that each of the Defendants named in this
Complaint, including Does 1 through 100, inclusive, knowingly and willfully
acted in concert, conspired and agreed together among themselves and entered
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into a combination and systemized campaign of activity to inter alia damage
Plaintiff and to otherwise consciously and/or recklessly act in derogation of
negligently and/or intentionally inflicted. Said conspiracy, and Defendants’
concerted actions, were such that, to Plaintiff’s information and belief, and to all
appearances, Defendants, and each of them, represented a unified body so that the
actions of one Defendant were accomplished in concert with, and with
knowledge, ratification, authorization and approval of each of the other
Defendants.
6. Plaintiff is informed and believes, and based upon that information and belief,
alleges that each of the Defendants named in this Complaint, including Does 1
through 100, inclusive, is, and at all times mentioned herein was, the agent,
servant and/or employee of each of the other Defendants and that each Defendant
was acting within the course of scope of his, her or its authority as the agent,
servant and/or employee of each of the other Defendants. Consequently, all of the
Defendants are jointly and severally liable to Plaintiff for the damages sustained
as a proximate result of their conduct.
7. Plaintiff is informed and believes, and based upon that information and belief
alleges, that each of the Defendants are, and at all times mentioned herein were,
the agent, servant and/or employee of each of the other Defendants and that each
Defendant acted within the purpose, scope and course of said agency, service
and/or employment and with the express and/or implied knowledge, permission
and consent of the other Defendants, and ratified and approved the acts of the
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other Defendants. Consequently, all of the Defendants are jointly and severally
liable to Plaintiff for the damages sustained as a proximate result of their conduct.
8. At all relevant times hereto, the agents and employees of Defendants who took the
actions alleged herein were authorized by Defendants’ officers, directors and
managing agents to act as alleged herein, and Defendants ratified the acts of their
agents and employees by accepting the benefits of those acts with knowledge of
them.
9. Plaintiff is informed and believes, and based upon that information and belief
alleges, that each of the Defendants is responsible in some manner for one or
more of the events and happenings that proximately caused the injuries and
damages hereinafter alleged.
10. Plaintiff is informed and believes, and based upon that information and belief
alleges, that each of the Defendants named in this Complaint, including Does 1
through 100 inclusive, knowingly and willfully acted in concert, conspired and
agreed together among themselves and entered into a combination and systemized
campaign of activity to inter alia damage the Plaintiff and to otherwise
consciously and/or recklessly act in derogation of the Plaintiff rights, and the trust
reposed by the Plaintiff in each of said Defendants, said acts being negligently
and/or intentionally inflicted. Said conspiracy, and Defendants’ concerted actions,
were such that, to the Plaintiff’s information and belief, and to all appearances,
Defendants, and each of them, represented a unified body so that the actions of
one Defendant was accomplished in concert with, and with knowledge,
ratification, authorization and approval of each of the other Defendants.
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GENERAL ALLEGATIONS
11. In connection with the position and responsibilities entrusted to Defendant,
Plaintiff placed the utmost trust and confidence in her to promote and insure the
well-being of Defendant’s business, including, without limitation, the loyalty and
well-being of Defendant existing and prospective clients.
CONDUCT
12. Notwithstanding both the aforementioned trust and confidence Plaintiff placed in
Defendant and the duties and obligations Defendant agreed he owed to Plaintiff.
Plaintiff is informed and believes and thereon alleges that Defendant ( materially
violated California law, breached her duties and obligations to Plaintiff, by,
among other things: (a) Misusing, misappropriating, and disclosing Plaintiff’s
money and Confidential Information, as set forth more fully above; (b)
Unbeknownst to Plaintiff, Defendant has collaborated, cooperated and conspired
with others, using Plaintiff’s property and Confidential Information to plan and
prepare for business activities outside the existing partnership organization for
Defendant’s own economic gain and benefit, all at the expense and to the
detriment of Plaintiff.
13. Plaintiff is informed and believes, and based upon that information and belief,
alleges that Defendant was to provide basic knowledge and was to be
compensated 10,000 dollars for the services rendered in which so the defendant
failed to do so.
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FIRST CAUSE OF ACTION FOR FRAUD
(Against all Defendants)
14. Plaintiff repeats, re-alleges, and incorporate by reference each and every
allegation contained in paragraphs 12 and 13 of this Complaint.
15. At some time prior to Plaintiff’s execution of the Agreement with Defendants, at
time(s) not presently known to Plaintiff and as described herein throughout,
Defendants conspired to misrepresent the true nature of the Agreement between
Plaintiff and Defendants.
16. At various times, as set forth in this Complaint, Defendant made material and
intentional misrepresentations and false promises to Plaintiff, while fraudulently
concealing other material facts from Plaintiff in furtherance of Defendants’
conspiracy. The material, fraudulent misrepresentations, false promises, and
fraudulent omissions included, but were not limited to, the following: (a)
Defendant was a viable business entity with value;
(b) Subsequent to the investment by Plaintiff, (c) Plaintiff would benefit from her
partnership interest in (Defendant); (e) Defendants would open a new store with
the money invested by Plaintiff.
17. Defendant knew that each of these enumerated material misrepresentations and
omissions were deceitful and fraudulent at the time that they were made, or, at a
minimum, made the fraudulent misrepresentations and omissions with a reckless
disregard for the true facts.
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18. Defendant made their material fraudulent misrepresentations and fraudulently
concealed material information for the primary purposes of inducing Plaintiff to invest
money into Defendant used for their own personal benefit.
19. Plaintiff, being unaware of the falsity of Defendant’s material fraudulent
misrepresentations and omissions, relied upon those same fraudulent misrepresentations
and omissions.
20. As a direct and proximate result of the events and material, deceitful and fraudulent
misrepresentations described herein, and of Defendants general fraud and deceit, Plaintiff
has been damaged as may be shown according to proof at time of trial.
21. In performing the acts herein alleged, these Defendants acted with malice, oppression,
and fraud. Such despicable conduct, in willful and conscious disregard of Plaintiff’s
rights and safety, justifies an award of exemplary damages against these Defendants in
amounts as may be shown according to proof at time of trial.
22. As set forth herein, Defendant provided false, incomplete, and misleading
representations about Defendant and the Agreement. Defendants had no reasonable
ground for believing the truth of those representations about the Agreement, Partnership
and Defendant.
23. Plaintiff justifiably relied on Defendant’s misrepresentations about the Agreement,
Partnership and Defendant provided to Plaintiff.
24. As a direct and proximate result of the Defendants’ conduct alleged herein, Plaintiff
has been damaged by investing time and money into a Partnership at Defendants, all to
the detriment of Plaintiff, in an amount within the jurisdictional requirements of this
Court.
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SECOND CAUSE OF ACTION FOR BREACH OF FIDUCIARY
DUTY
(Against all Defendants)
25. Plaintiff repeats, re-alleges, and incorporate by reference each and every allegation
contained in paragraphs 13 through 24 of this Complaint.
26. Plaintiff and Defendants were engaged in a fiduciary relationship because the loyalty
and confidence of Plaintiff was reposed in the integrity of Defendants to fairly manage
and operate Defendant and refrain from misrepresentations or fraudulent statements
regarding Defendant and the Partnership Agreement.
27. As set forth herein, Defendants breached that fiduciary duty by providing false,
incomplete and misleading representations about the Partnership Agreement and
Defendant.
28. As a direct and proximate result of the events and material deceitful and fraudulent
misrepresentations described herein, and of Defendants breach of fiduciary duties,
Plaintiff has been damaged as may be shown according to proof at time of trial.
THIRD CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION
(Against all Defendants)
29. Plaintiff repeats, re-alleges, and incorporate by reference each and every allegation
contained in paragraphs 1 through 28 of this Complaint.
30. As set forth herein, Defendants provided false, incomplete and misleading
representations about Defendant and the Partnership Agreement. Defendants had no
reasonable ground for believing the truth of those representations.
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31. Plaintiffs justifiably relied on Defendants’ misrepresentations about the Partnership
Agreement and Defendant.
32. As a direct and proximate result of the Defendants’ conduct alleged herein, Plaintiff
has been damaged by Defendants failing to return the invested money and
misrepresenting the intentions and terms of the Partnership Agreement, all to the
detriment of the Plaintiff in an amount within the jurisdictional requirements of this
Court.
PRAYER
WHEREFORE Plaintiffs pray for judgment, damages and equitable relief on behalf of
themselves, and the general public as follows:
ON THE FIRST CAUSE OF ACTION
1. For orders compelling the restitution and disgorgement of monies;
2. For general damages in an amount yet to be ascertained;
3. For compensatory damages in an amount yet to be ascertained;
4. For exemplary damages in an amount yet to be ascertained;
5. For prejudgment interest according to law in an amount yet to be ascertained;
6. For attorneys’ fees in an amount yet to be ascertained;
7. For costs of suit in an amount yet to be ascertained; and,
8. For such other and further relief as this Court may deem proper.
ON THE SECOND CAUSE OF ACTION
1. For general damages in an amount yet to be ascertained;
2. For exemplary damages in an amount yet to be ascertained;
3. For prejudgment interest according to law on all amounts paid in restitution;
4. For attorneys’ fees in an amount yet to be ascertained;
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5. For costs of suit in an amount yet to be ascertained; and,
6. For such other and further relief as this Court may deem proper.
ON THE THIRD CAUSE OF ACTION
1. For orders compelling the restitution and disgorgement of monies;
2. For general damages in an amount yet to be ascertained;
3. For prejudgment interest according to law on all amounts paid in restitution;
4. For costs of suit in an amount yet to be ascertained; and,
5. For such other and further relief as this Court may deem proper.
Dated: September 27, 2016
THE LAW OFFICE OF ELLISON &
ASSOCIATES
By:
______________________________________
CHRISTOPHER B. ELLISON
Attorneys for Plaintiff
